RAJA NARENDRA LAL KHAN; DEBNANDAN MUKHERJEE; RAJA NARENDRA LAL KHAN Vs. HRISHIKESH MUKHERJEE; RAMANATH BANERJEE

JUDGEMENT

(1.) The suit from which these two appeals arise was based on a mortgage and a deed of further charge executed by-one Hrishikesh Mukherjee in favour of Rajah Narendra Lal Khan, the plaintiff.

(2.) For the purpose of understanding the questions that have to be answered, it will be convenient to begin with a narrative of the circumstances which led up to the execution of the two deeds.

(3.) One Rakhal Das Mukherjee left two sons, Bir Chandra Mukherjee and Janoki Nath Mukherjee. The elder son Bir Chandra died without issue in 1871, leaving a widow Janoki on May 5th, 1893, adopted Basanta, the son of Grish Chandra Chatterjee and gave him the name of Hrishikesh Mukherjee. In the same year Janoki executed an arpan-nama, purporting to create a trust for the benefit of certain Thakurs. In November 1895 Janoki executed a Will, and in the following month he died, leaving him surviving his widow Saratmani Debya, and the boy Hrishikesh. Saratmani applied for Probate of the Will and after some delay, she was granted Letters of Administration to her husband s estate. In December 1898, Bir Chandra s widow died, and the succession to his uncle s property opened out in favour of Hrishikesh. Then Saratmani applied to be appointed guardian of the boy s person and property, and a certificate was granted to her by the District Judge of Hooghli, on April 4th, 1899. In 1903, Hrishikesh married Annapurna Debi, and on November 13th, 1905, a son named Debnandan Mukherjee was born to him.